If you have been hit with a penalty by the IRS, you might believe that you have no other choice than to pay. This is an incorrect assumption, as there are numerous circumstances where the IRS may not require you to pay a penalty. In order to take advantage of this relief, you must fully comply with certain IRS procedures.

Importantly, if you believe you may be assessed a penalty, you can preemptively apply for abatement when you act quickly. Also, if you have already paid a penalty, you may still request abatement. In all cases of tax penalty abatement, time is of the essence.

Do You Qualify for Tax Penalty Abatement?

The IRS offers penalty abatement to those who have a reasonable cause for late filing, late payment, or accuracy-related issues (negligence penalties). Reasonable causes include natural disasters and medical emergencies. If the IRS has made a mistake with regard to your return, you may also qualify for penalty abatement. Depending on your specific circumstance, you may also qualify for a one-time abatement of a penalty.

One change ushered in by the Tax Cuts and Jobs Act of 2017 permits eligible employees of privately held corporations to postpone paying income tax on the value of qualified stock options and restricted stock units (RSUs) granted to them by their employers. Under the law, one can postpone payment of this tax for up to 5 years.

This law is meant to encourage employee stock ownership in startup or early-stage businesses. It applies to stock options that are exercised and RSUs that are settled as of or after December 31, 2017.

The IRS has announced and clarified many requirements that affect whether a person may be eligible for tax deferral. For example, in order for a company to be eligible, at least 80% of its domestic employees must have received stock options during a single calendar year.

The Internal Revenue Service (IRS) has no plans to create a voluntary disclosure program for virtual currency similar to what has previously been offered for undisclosed foreign assets, an agency official recently said in a speech at a tax symposium.

In 2014, the IRS stated that cryptocurrencies such as Bitcoin that could be converted to traditional currencies are considered property for the purposes of taxation. Thus, a person may experience a gain or a loss when selling or exchanging cryptocurrency based on the value of the cryptocurrency at the time of the exchange.

Because cryptocurrencies are classified as property, general taxation rules of property will apply. The sale of cryptocurrencies, the use of them to purchase goods or services, or retaining the cryptocurrencies for investment purposes generally have tax consequences, which may mean taxes will be owed.

If you are one of the millions of Americans who is saving for retirement, the IRS recently announced some good news for you. Starting in 2019, you can contribute more money to certain retirement accounts, including IRAs, 401(k)s, 403(b)s, most 457 plans, and the Thrift Savings Plan for federal workers. These changes will allow many people to save more money for retirement, and more tax deductions will be available.

Changes to Contribution Limits and Deductions

With this change, the IRS has increased the annual IRA contribution limit for the first time since 2013. The IRS also announced rules that make it easier to qualify for a Roth IRA as well as to deduct contributions to a traditional IRA. The changes include:

With respect to the contribution limits to IRAs and Roth IRAs, the limit in 2019 is $6,000. That is a $500 increase from years prior.

An extra $500 can be contributed to 401(k)s, 403(b)s, most 457 plans, and Thrift Savings Plans. The new limit is $19,000 in 2019.

Starting in 2019, more people will be eligible for Roth IRAs. These IRAs have the distinct advantage of tax-free distributions during retirement. Only those under certain income levels qualify for a Roth IRA.

In recent months, much of the discussion surrounding tax laws in the United States has focused on the changes made by the Tax Cuts and Jobs Act of 2017. Yet while individuals and businesses should understand how they will be affected by tax reform, they should additionally be aware of recent new rules that govern tax audits.

The Centralized Partnership Audit Regime

Under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), the Internal Revenue Service (IRS) had certain rules for assessing and collecting taxes for partnerships. Audits of large partnerships, such as hedge funds or private equity firms, required individual audits of every partner. The Bipartisan Budget Act of 2015 (BBA) established a new, centralized audit regime, allowing the IRS to audit partnerships as a whole. This new regime will apply to partnership tax years beginning after December 31, 2017.

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John D. Teter Law Offices

John D. Teter Law Offices is located in San Jose, California, the hub of Silicon Valley, and the San Francisco Bay Area. We represent clients throughout the United States and around the world regarding their federal tax and California tax matters including the local areas of San Jose, Campbell, Cupertino, Los Gatos, Sunnyvale, Mountain View, Saratoga, Milpitas, Palo Alto, Redwood City, San Mateo, San Francisco, Oakland, Pleasanton, Walnut Creek, Fremont, and Santa Clara County.